In what cases can a former spouse be deregistered from an apartment? When is it impossible to deregister a former spouse from an apartment? The apartment was purchased before marriage. The apartment was purchased during marriage in a gratuitous transaction. If the apartment was purchased during marriage. If the apartment was privatized, and one of the spouses refused privatization. Deregistration. ex-spouse. Procedure
Is it possible to expel a former spouse from an apartment if he is not the owner?
First of all, you need to proceed from how and during what period the housing was acquired by one of the spouses. The possibility of forcibly removing a former spouse from registration depends on this.
In what cases can a former spouse be discharged from the apartment:
- The apartment was purchased before marriage
- An apartment was acquired during a marriage into the ownership of one spouse under a gratuitous transaction (privatization, inheritance, donation)
- The apartment was purchased during marriage, and a marriage contract was concluded between the spouses, according to which after a divorce the apartment becomes the property of one of the spouses
Lawyer for deregistration in St. Petersburg. Tel.+7 (812) 989-47-47 Telephone consultation
How to file a claim?
The header of the application indicates the name of the court to which the claim is sent, the name of the wife (plaintiff), and the name of the husband (defendant). The place of residence of each party is also indicated. You can fill out the application yourself or seek the help of a lawyer.
Sample sample (letter body):
- indicate the address of the apartment.
- Write the number of the title document.
- Determine the basis for considering the case.
If payment for housing and communal services is overdue, additionally indicate the amount of the financial claim. The claim is accompanied by copies of all documents confirming the breakdown of family relationships and containing data on offenses on the part of the husband.
The apartment was purchased during the marriage in a free transaction
If the apartment became the property of one of the spouses during the marriage, but as a result of a gratuitous transaction, for example, received as an inheritance or gift, or became property as a result of privatization, the right to which only this spouse had the right, then such property is not considered jointly acquired and cannot be divided, but belongs entirely to the spouse whose property it came into. The exception is the situation when the second spouse also had the right to privatize this housing, but renounced his right, but more on that below.
Consequently, if the marriage ends and the ex-spouse refuses to voluntarily deregister or move out of the apartment, the owner will be able to successfully resolve this issue through the courts.
However, not in all cases it is possible to resolve the issue of expelling the ex-spouse from his own apartment.
If the wife/husband agrees to discharge
If the former spouse agrees to voluntary discharge, then everything can be documented with government agencies.
For discharge, he/she can contact the relevant authorities:
- passport office department;
- Multifunctional Center;
- Management company servicing the house.
Your actions in any of the organs will be almost the same.
First of all, the spouse being discharged collects a package of necessary documents. Next, he contacts one of the authorities and submits an application.
Finally, the former spouse applies for the result to the body where they submitted the documents within the period established by law.
Required documents
If one of the “ex” spouses is removed from registration at the place of residence by a peace agreement, then for this purpose he submits the following documents to the government agency:
- passport;
- divorce certificate;
- spouse's statement;
- house book;
- departure address sheet.
The application must be written personally by the spouse who is signing out. There are cases when the applicant, for good reasons, cannot carry out this procedure on his own, then another person can represent his interests. In this case, a power of attorney is also attached to the documents.
The procedure for contacting the passport office or MFC
First of all, you need to collect a package of necessary documents.
Next, write an application with the attached package of documents. Deregistration will occur within the time limits provided for this by law. If a person has provided a complete package of documents, then his problem will be resolved within three days.
The day of submission of documents is not taken into account in the total period. However, there are pitfalls here. If the apartment is privatized, then the deadlines for deregistration are observed. If the living space is municipal or state-owned, then problems may arise.
When choosing an authority for discharge, take into account the fact that the procedure is under the jurisdiction of the FMS. All other bodies are only intermediaries in the provision of services. They collect a package of documents, which they provide to the migration service. If you need to be discharged in a shorter period of time, then you need to contact the FMS.
To facilitate your discharge, you can leave a preliminary application on the government servants portal.
On the appropriate website, fill out an application with the necessary information. After this, it will be sent for processing.
You can check the status of your application in your personal account on the portal. Three days after submitting your application electronically, you should receive an invitation to visit the relevant authority with the original package of documents. After checking the documents, a stamp indicating deregistration is placed in the passport.
To save your time, money and nerves, try to conclude a peace agreement with your ex-spouse.
If the apartment was purchased during marriage
If an apartment was acquired during marriage as a result of a paid transaction (purchase and sale, exchange), then it is considered the joint property of the spouses, regardless of whose name the property is registered in (Article 34 of the Family Code of the Russian Federation). Consequently, without the consent of the former spouse, it will not be possible to discharge him from such an apartment, even if he does not live in it for a long time and does not declare the allocation of his marital share.
The fact is that even a three-year statute of limitations for the division of jointly acquired property for a former spouse begins to run not from the moment of divorce, but only when the former spouse finds out about the violation of his right, or should find out about it: for example, if the apartment is alienated by the owner, and or the owner will stop letting the ex-spouse into the apartment, that is, will create obstacles for him to live.
Housing lawyer in St. Petersburg. Tel.+7 (812) 989-47-47 Telephone consultation
Some nuances
If the spouse does not have the opportunity to live with relatives (the property does not belong to him), then the court, showing humanity and concern for the citizen, can make a decision on discharge, but with a delay of 1 year .
During this time, the husband has the right to stay in the apartment, but after a 12-month period, even if an alternative place of residence is not found, his further presence in the territory is illegal.
If the apartment is sold by the wife as the owner (Civil Code of the Russian Federation, Article 292, paragraph 2), then the registered husband, due to a change of owners, loses the right to use the property , but may deliberately not issue an extract. When a claim is filed by the new owner of the apartment, the claim is satisfied in most cases.
If the apartment is privatized and one of the spouses refuses privatization
Many people ask how to discharge their ex-husband from a privatized apartment after a divorce. The answer depends on whether the spouse had the right to participate in the privatization of this apartment. The fact is that if at one time he refused to participate in the privatization of this housing, and the property was registered in the name of only one spouse, then after the divorce of the former spouse who refused to participate in privatization, it will no longer be possible to deregister. Moreover, it will be impossible to forcibly evict him.
According to the law, the spouse who refuses to participate in privatization retains the lifelong right to use such an apartment , including when the owner changes.
Article 19 of the Federal Law dated December 29, 2004 No. 189-FZ “On the entry into force of the Housing Code of the Russian Federation” stipulates that clause 4 of Art. 31 of the Housing Code of the Russian Federation does not apply to former family members of the owner, which includes the ex-husband, if at the time of privatization of this housing they also had the right to privatization.
Based on the meaning of this norm, in the event of privatization of housing, persons who refused privatization in favor of the rest of the family acquire the independent right to permanent, unlimited use of this housing.
Extract from a municipal apartment
If spouses rented a living space together, the procedure for eviction of one of them after a divorce has its own characteristics. The husband and wife signed a rental agreement and have equal rights to use the apartment. In the event of a divorce, neither partner loses the opportunity to live in a council house.
An ex-spouse can be discharged from a municipal apartment if he:
- Haven't paid utilities for 6 months.
- Breaks the law, hooligans, regularly drinks alcohol on the premises.
- Damages property, breaks furniture, damages home repairs, etc.
- Renting out rented housing, using it as a warehouse, or using the premises for other purposes.
If it is possible to prove the unlawful actions of the former partner, then you can evict him through the court.
To file a claim, you must provide: a divorce certificate, extracts from the house register, papers confirming violations (receipts for utility debts, acts of damage to property, etc.).
If the district court satisfies the claim, then the applicant must contact the local authorities of the Ministry of Internal Affairs, which will evict the unwanted “neighbor” from the municipal apartment.
Rights and responsibilities of citizens when living in municipal housing
If the apartment in which divorced spouses live is not the property of the wife or husband, but belongs to the municipality or is the property of another government organization, then the relationship between the residents and the municipality is built on a different basis. Therefore, before considering the problem of a spouse being discharged by an ex-wife, you need to find out what rights and responsibilities residents of municipal housing have.
Tenants of public housing have the right:
- provide an apartment for residence to other persons, and they can sublet it;
- exchange your municipal housing for another residential property owned by the municipality;
- receive a free range of services for major repairs of the apartment and all common property of the building in which the housing is located;
- use all public services provided for a fee.
In addition to the rights listed, the lease agreement specifies the main responsibilities of tenants:
- they must use the provided housing only for their intended purpose, i.e. for accommodation;
- carry out repairs to residential premises and communications located in them in order to maintain the apartment in normal condition for use;
- make timely payments for rental housing and provided utilities;
- comply with the procedure provided for by housing legislation.
The tenancy agreement with the municipality is signed by the responsible tenant. He is responsible for all residents registered in the apartment. However, he does not have the right to evict any of them without the consent of the main owner of the property, which is the municipality.
In order for a wife to initiate the removal of her husband after divorcing him, she needs to know which of the former spouses is the responsible tenant.
What does going to court do?
The owner of the property has the right to file a claim for eviction and discharge of the former “other half” to the court. The following must be attached to the application:
- a second copy of the notice of eviction and discharge with a post office stamp on delivery or with the personal signature of the recipient;
- documents confirming the validity of the plaintiff’s claims (certificate of ownership, extract from the house register, copy of the divorce certificate, certificate from the HOA, etc.);
- a receipt confirming payment of the state duty.
Download the statement of claim for eviction of ex-spouse (sample)
Assistance in preparing a statement of claim >>
You need to go to court at the location of the disputed housing.
Alone without a child
Is it possible to discharge the ex-wife and leave the child?
The court may satisfy your request , but subject to the following conditions.
The spouse must give her consent to such an action.
If she registers in another area and insists on the baby being discharged in order to register her with her, the court can satisfy her request on legal grounds (mothers are given preference).
You can find out how to expel the mother or father of a minor child from an apartment on our website.
How to resolve a dispute voluntarily
First of all, the parties should try to resolve the matter amicably. The most reasonable thing was to clearly state the rights of the parties in relation to the disputed living space at the stage of divorce. The following situations are possible here:
- During the divorce, a notarial agreement was concluded - usually there is a clause regarding the further procedure for using the living space. Accordingly, it must be referred to during a conversation with your husband about his discharge from the apartment or house.
- The divorce took place in court - the court decision also prescribes the procedure for removing the husband from the living space, which remains in the use of the wife. The decision must be implemented - this is the decisive argument in the dispute between the former spouses.
If you manage to reach an agreement, you should not put off resolving the issue, but together with your husband go to the passport office and sign him out of the living space.
Otherwise, you can use another method:
- Personally give your ex-husband a demand to check out of your apartment and vacate your living space. It indicates the date of removal of things and handing over the keys to the premises.
- Obtain a signature on the second copy of the request.
- If the ex-spouse refuses to sign the document, send it by registered mail with return receipt requested (to the registered address).
When an amicable agreement cannot be reached, registration will have to be terminated through legal action. To do this, the wife will have to collect documents confirming her right to sole use of the living space, as well as evidence that her ex-husband is preventing this.
How to discharge your wife and child after divorce
Sometimes, when spouses decide to separate, the husband is faced with the question of how to remove his wife and child from the apartment before the divorce. In this situation, you may encounter some problems. The law always takes into account the interests of minor children.
According to the current legislation of the Russian Federation, the discharge of young children is carried out only with the permission of the guardianship and trusteeship authorities. And this authorized body will give permission only if the mother and child are registered in another place, and the child’s living conditions are no worse than where he lived before.
